LEGAL NUGGETS (Series 112) - ISSUE: SETTING ASIDE JUDGMENT/ORDER: Conditions Under Which a Final Judgment of the Supreme Court Can be Set Aside.- By Adedotun Habeeb Adetunji, LL.M (M.IoD), FCAI

JEV & ANOR v. IYORTOM & ORS (2015) LPELR-24420(SC)

ISSUE
SETTING ASIDE JUDGMENT/ORDER: Conditions under which a final judgment of the Supreme Court can be set aside.

PRINCIPLE:
''this Court in the case of ALAO v. AFRICAN CONTINENTAL BANK LTD (2000) 9 NWLR (Pt.672) 264 had given 5 Conditions for setting aside or reviewing its Judgment as follows-"
(a) When the Judgment was obtained by fraud.
(b) When the Judgment is a nullity such as when the Court itself was not competent.
(c) When the Court was misled into giving Judgment under a mistaken belief that the Parties have consented to it.
(d)Where the Judgment was given without jurisdiction.
(e) Where the procedure adopted was such as to deprive the decision or judgment of the character of legitimate adjudication.
"These conditions are of course not exclusive.

However, see also, SKENCONSULT v. UKEY (1981) 1 SC 6, OJIAKO v. OGUEZE (1962) 1 All NWLR 58 and IGWE v. KALU (2002) 14 NWLR (Pt.787) 435 at 453 - 454.'' Per MOHAMMED, J.S.C. (Pp. 18-19, Paras. D-B).